Stilt Parking
Amit
(Querist) 03 July 2011
This query is : Resolved
I was issued a stilt parking by the builder for which I paid in cash and hence no receipt.The parking was issued before the posseson of the flat and I have the letter and the drawing given by the builder in respect of the parking issued. I have following queries for the problems I am facing:
1) Due to space constraint,other members of the soceity parks vehicle in front of my stilt parking thus blocking the way for taking out my vehicle.I had often compalined to the soceity for this for which they have issued the circular but no effect. What can I do in this regard?
2) Soceity says that I do not have legal right over the stilt parking and the soceity can overtake it anytime. What are my legal rights in respect of the isuued stilt parking? Can I do anything in this regard?
ajay sethi
(Expert) 04 July 2011
1)supreme court has held that stilt car parking slots form part of common areas and facilities and that builder has no power to sell the stilt car parking slots . if the builder has entered into an agreement for sale of stilt car parking slots the said agreement does not have any legal sanctity
2)in the event no discipline is maintained by members in parking of cars Annual General meeting can lay down detailed guidelines for allotment of car parking slots to members . you ought to raise the issue in AGM and request that detailed guidelines be framed for allotment of car parking slots.
3) society is justified in cancellation of stilt car parking slot allotted to you by the builder . you can in the event society cancels allotment file suit against the builder for recovery of the amount paid by you .
